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Evidence doesn't support enhanced possession charges

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Because the state failed to prove that an early training center located near the defendant’s home constituted school property for purposes of enhancing drug charges, the Indiana Court of Appeals ordered the man’s convictions be reduced.

In Robert A. Baker v. State of Indiana, No. 40A05-1109-CR-503, Robert Baker challenged his convictions of Class B felony possession of methamphetamine within 1,000 feet of a school and Class C felony possession of a controlled substance within 1,000 feet of a school.

At Baker’s trial, North Vernon police officer Craig Kipper, who responded to the report of a chemical odor coming from Baker’s apartment, testified that the apartment was approximately 600 feet from the Early Training Center. He said the ETC offered continuing education classes for students who wanted to get their high school diplomas.

Baker argued on appeal that the evidence doesn’t support enhancing his convictions based on the location of the ETC. The judges agreed. The state didn’t point to any evidence presented at trial that showed the ETC was a building or other structure owned or rented by a school corporation or other entity described under Indiana Code 35-41-1-24.7, nor was there evidence that any of the students enrolled in the program were school-age children and not adults or college-age individuals.

Judge Elaine Brown pointed out that previous caselaw has dictated that college and university property does not fall under the term “school property” as used under I.C. 35-41-1-24.7 to support a charge enhancement.

The appellate court ordered that Baker’s convictions be entered as Class D felonies and he be resentenced accordingly.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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